Conflict Avoidance, Dispute Management Procedures

Question 1

3 main dispute resolution methods

Answer 1

1. Negotiation
2. Mediation/Conciliation
3. Adjudication

Think NMA - non material amendments - have to dispute these to get them passed

Question 2

Benefits of ADR

Answer 2

Faster than court, cheaper than court, informal as out of court, good quality outcomes, confidential

Question 3

3 forms of ADR

Answer 3

Mediation

Arbitration

Independent Expert Determination

Question 4

What is mediation

Answer 4

Form of ADR

Neutral mediator aids discussion and resolution

It is confidential and informal

Mediator doesn’t make the decision, but aids the parties come to a decision

Question 5

What is Arbitration

Answer 5

Form of ADR

‘Quasi-judicial’ arbitrator appointed, the parties are bound by their decision

They are an informed specialist on the topic and cannot be sued for negligence

Fast, cheap and confidential

Surveyors can be appointed as arbitrators

Question 6

What is Independent Expert Determination

Answer 6

Form of ADR

Appointed by both parties, or RICS dispute resolution services

Both parties bound to the decision

Expert receives evidence from both parties and investigates

Fast and uses specialist knowledge

Question 7

Mechanism to resolve dispute between business and customer

Answer 7

A nominated customer redress mechanism - e.g. an Ombudsman

Question 8

Advocates vs Expert Witnesses

Answer 8

Examples of Surveyors involved In disputes

Expert witness = provides evidence to a court. They must be independent, impartial and have duty to the court

Advocate = represent a client in court, duty is to the client only

Question 9

What dispute resolution does grainger recommend

Answer 9

Resi tenants - Property Redress Scheme, TDS for deposits

Commercial matters - RICS Dispute Resolution Service

Question 10

Hierarchy of Court Decisions

Answer 10

1. First-Tier Tribunal - not legally binding for other cases, but set precedence
2. Upper Tribunal
3. High Court
4. Court of Appeal
5. Supreme Court

Question 11

Main difference arbitration vs independent expert determination.

Answer 11

Arbitration more on legal disputes and governed by Arbitration Act 1996

IED more on technical disputes

Question 12

Difference arbitration vs independent expert determination (IE)

Answer 12

Arbitration the two parties submit evidence to the arbitrator to assess, IE do their own research too

Negligence - arbitrator can’t be sued for negligence, IE can be liable for negligence

Arbitration governed by Arbitration Act 1996 - IE isn’t governed by particular act